By Gary Hunt ——Bio and Archives--September 14, 2016
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Article the Fourth. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America... The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents.
The Congress shall have the Power... [t]o exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.Now, a question arises as to the "needful Buildings" portion, which will be addressed later. Next, we have Article IV, § 3, clause 2, which reads:
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.Clearly, as we can see from the historical record, Congress can own land, which has been referred to as "public lands", from records predating the Constitution, reaffirmed by the first Congress, and embodied in the Constitution, itself. The next question is whether Congress had any prior ownership of the lands in question. Here, we have three possibilities. First, the lands acquired by the Treaty of Paris (1783) in which Britain gave up her claims to the lands east of the Ohio River (the Northwest Territories), and other lands ceded by Virginia (believing that she owned land to the Pacific Ocean), and other adjustments to final boundaries of the colonies. These lands by treaty would also include lands acquired by a subsequent treaty with Britain, dealing primarily with Oregon and Washington. Next, we have lands acquired by conquest and subsequent treaty. This would include the Hidalgo Treaty, after the Mexican-American War (1846-1848), and subsequent treaties relinquishing Mexico's claims to lands otherwise not in conflict and establishing our southern border. Third, we have the lands acquired by purchase. Primarily, the Louisiana Purchase of 1803. So, by conquest, by treaty, and by purchase, the government owned vast amounts of land. In all of these instances, the land acquired could not go to a State recognized by the Congress, as the Northwest Ordinance defined the procedure by which a territory could become a State. Therefore, the only viable conclusion is that these lands would fall under the Article IV. § 3, clause 2 provision of "all needful Rules and Regulations respecting the Territory or other Property belonging to the United States". This would apply until the land was "disposed of", which provision is included in the Northwest Ordinance (Fourth Article). Finally, we come to the Admission of Oregon, as a State of the Union. Congress approved the Oregon Admission Acts on February 14, 1859. There were some propositions in the Acts, and the Legislative Assembly of the State of Oregon approved those propositions on June 3, 1859. The significant article in the Acts is the fourth. It deals with land, and reads, in part:
First, That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools. Second, That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the governor of said State, subject to the approval of the Commissioner of the General Land-Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. Third, That ten entire sections of land, to be selected by the governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. Fourth, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the same to be selected by the governor thereof within one year after the admission of said State, and when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth, That five per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions, herein before offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. Sixth, And that the said State shall never tax the lands or the property of the United States in said State: Provided, however, That in case any of the lands herein granted to the State of Oregon have heretofore been confirmed to the Territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.
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An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes. (March 3, 1825) "That if any person or persons, within any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the site whereof is ceded to, and under the jurisdiction of the United States, or on a site of any lighthouse, or other needful building belonging to the United States, the sight whereof is ceded to them [United States], and under their jurisdiction, as aforesaid, shall, willfully..."Now, this Act brings to light what was intended, with regard to federal jurisdiction, outside of Washington, D.C. If that land has been disposed of, it has left the realm of "needful Rules and Regulations", and entered into the jurisdiction of the State in which the land lies. It is, forever, outside of federal jurisdiction -- UNLESS it is brought back into federal jurisdiction in accordance with the intent of Article I, § 8, clause 17. Now, the application of that intent is clearly laid out in the Act of 1825. That "under their jurisdiction" refers to the State ceding to the federal government either limited or complete jurisdiction. Simply because the government bought the land does not create "jurisdiction", or the provision would be without meaning. A "Chain of Title" was secured for the property upon which the buildings sit at the Refuge. Based upon that document, an analysis of the documentation provided resulted in determining that, in fact, certain land that had left government ownership, and were subsequently deeded back to the United States of America, though no proof of ceding was shown in the Chain of Title. The government ownership is contained within the red lined area on the left map. The Refuge Buildings can be seen above the words "Sodhouse Lane" on the right map This coincided with the government production of Proof of Ownership in their "Motion for Judicial Notice". The results, as far as ownership by the United States of America are identical. And, as in the Chain of Title, there is no indication that there was any ceding of land or jurisdiction, back to the United States, in either record. This being the land where the Malheur National Wildlife Refuge headquarters are situated, and the location of the alleged crimes by the defendants. However, that ownership carries no jurisdictional authority. That remains with the State, unless the government has had that jurisdiction ceded to them, and away from the State, either fully or partially. And lawfully, the federal government has no more authority than you would, if you owned the land. If there was an alleged criminal act, you would have to file a complaint with Harney County, and it would be dealt with under state law. Then, yesterday, September 12, Shawna Cox filed her response, in which she also sought judicial notice that Oregon never ceded the land or the jurisdiction back to the federal government. Now, this creates a bit of a dilemma in that if the Court takes judicial notice of the ownership, absent proof to the contrary, it must also take notice of the absence of federal jurisdiction. This will significantly change the playing field.
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Gary Hunt was a Professional Land Surveyor. Having been the County Surveyor for Orange County, Florida from 1974 to 1978, he began private practice in 1978 and continued as such until 1993, when events in Waco, Texas caused him to leave his business in pursuit of restoring the Constitution.
In 1989, he began researching, investigating and studying history, law and events where the government was “pointing its guns in the wrong direction”. He began publishing a patriot newspaper, “Outpost of Freedom”, in February 1993.
Since that time, he has investigated numerous occurrences, including, Waco, the Murder of Michael Hill, Ohio Militia Chaplain, Oklahoma City Bombing, and other events. He has attended the sites to investigate the events, and has reported on his investigations.
He has continued to report on his findings on the Internet, as well as write articles about other current events; about the history of the Revolutionary era; and the founding documents.
His Internet home page is outpost-of-freedom.com